Mountain View Municipal Code Art. I Handbills

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

a. Commercial handbill. "Commercial handbill" shall mean and include any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature:

1. Which advertises for sale any merchandise, product, commodity, or thing; or

2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; or

3. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit. The terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given, or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind without a license where such license is or may be required by any law of the state, or under any ordinance of the city; or

4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

b. Handbill distributor. "Handbill distributor" shall mean and include any person engaging or engaged in the business for hire or gain of distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills.

c. Newspaper. "Newspaper" shall mean and include any newspaper:

1. Which has for its principal purpose the dissemination of local or telegraphic news and intelligence of a general character;

2. Which is printed and published at regular intervals;

3. Which has a bona fide subscription list of paying subscribers within the city and is principally distributed only to paying subscribers;

4. Which is not distributed or circulated primarily for advertising purposes;

5. In addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public.

d. Noncommercial handbill. "Noncommercial handbill" shall mean and include any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original or copies of any matter or literature not included in the definitions of a commercial handbill or a newspaper.

e. Private premises. "Private premises" shall mean and include any dwelling, house, building, or other structure, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, hallway, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure, and any vacant lot or other private property.

f. Public place. "Public place" shall mean and include any and all streets, boulevards, avenues, lanes, alleys, or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings.

(Ord. No. 175.481, 6/30/58.)

The purposes of this chapter are specifically declared to be as follows:

a. To protect the people against the unlawful activities or operations of dissolute persons of criminal habits or tendencies, representing themselves as handbill distributors, by requiring the registration of all such handbill distributors, together with the names of their employers, and by regulating the business of handbill and advertising distribution through the imposition of reasonable license fees.

b. To protect local residents against trespassing by handbill distributors upon the private property of such residents if they do not wish to be solicited by such persons or do not desire to receive handbills or advertising matter.

c. To protect the people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial handbills.

d. To protect the people against the menace to their property during their absence therefrom due to the unlawful activities or operations of dissolute persons of criminal habits or tendencies, made aware of the absence of the people from their premises by the accumulation of advertising matter and handbills during such absence.

e. To preserve to the people their constitutional right to receive and disseminate information not restricted under the ordinary rules of decency and good morals and public order, by distinguishing between the nuisance created by the promiscuous distribution of advertising and commercial circulars and the right to deliver commercial and noncommercial handbills to all who are willing to receive the same.

(Ord. No. 175.481, 6/30/58.)

No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any public place within the city, or hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill in any public place to any person willing to accept such noncommercial handbill.

(Ord. No. 175.481, 6/30/58.)

No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any noncommercial handbill to the owner or other occupant of any automobile or other vehicle, who is willing to accept the same.

(Ord. No. 175.481, 6/30/58.)

No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(Ord. No. 175.481, 6/30/58.)

No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any private premises when the owner or occupant of said premises has expressed an objection to such distribution, depositing, placement, throwing, scattering or casting; nor shall any person so distribute, deposit, place, throw, scatter or cast any such handbill without securing or otherwise preventing such handbill from being blown or drifted about such premises or elsewhere.

(Ord. No. 175.481, 6/30/58; Ord. No. 1.72, 1/10/72.)

* As to leaving drugs, etc., on the door steps, etc., see Sec. 21.15 of this code.

(Adopted by Ord. No. 175.481, 6/30/58. Repealed by Ord. No. 1.72, 1/10/72.)

No person shall distribute, deposit, scatter, hand out or circulate any commercial or noncommercial handbill in any place, under any circumstances, which does not have printed on the cover, front or back thereof, the name and address of the person who caused the same to be distributed; provided, however, that in the case of a fictitious person or club, in addition to such fictitious name, the true names and addresses of the owners, managers or agents of the person sponsoring such handbill shall also appear thereon.

(Ord. No. 175.481, 6/30/58.)

Any person desiring to engage, as principal, in the business of distributing commercial or noncommercial handbills for hire shall make application to and receive from the director of finance, a license in the manner and for the period prescribed by Sec. 3.11 and by all other relevant provisions of this code.

No person shall engage in the business of a handbill distributor for hire, or distribute commercial or noncommercial handbills, without first complying with the terms of this chapter and all other relevant laws and regulations, provided, that nothing contained herein shall apply to any person advertising his business or activity upon his own premises, if such business or activity is regularly established at a definite location in such city, and also if a license has been obtained therefor, if such license be required under the terms of any applicable law or ordinance.

(Ord. No. 175.481, 6/30/58.)

* As to licenses generally, see Chap. 18 of this code.

Every applicant for a distributor's license shall make written application to the director of finance upon a form or forms provided for such purposes by the director of finance. Such form shall contain, among other things that may be required, the name, the business address, and a brief description of the nature of the business to be conducted by the applicant, the probable number of agents and employees so to be engaged, together with a request for a license for the period for which this applicant seeks to engage in such business. Such application shall be accompanied by the fee provided for in Sec. 3.11.

(Ord. No. 175.481, 6/30/58.)

License fees under the terms of this chapter, and for any such purpose, shall be as follows:

For a period of one (1) year, the sum of one hundred (100) dollars.

For a period of six (6) months, the sum of fifty (50) dollars.

For a period of one (1) day, the sum of ten (10) dollars.

Provided, that persons acting for licenses, as agents or employees, in the distributing of any such handbills shall not be required to obtain a license or pay a fee, but each such person shall comply with each and all of the other provisions of this chapter and be subject thereto.

(Ord. No. 175.481, 6/30/58.)

No license issued under this chapter shall be transferable; and, if any such license shall be surrendered by the licensee therein named, or shall be revoked for cause, neither the licensee named in such license, nor any other person, shall be enTitled to any refund of any part of such fee.

(Ord. No. 175.481, 6/30/58.)

The city council, or city manager, may revoke any license obtained under an application containing a false or fraudulent statement knowingly made by the applicant with intent to obtain a license by means of false or fraudulent representations, or for violation of this chapter or any other grounds specified by law.

(Ord. No. 175.481, 6/30/58.)

No person shall post, hand out, distribute or transmit any commercial or noncommercial handbill which may reasonably tend to incite riot or other public disorder, or which advocates disloyalty to or the overthrow of the government of the United States or of this state by means of any artifice, scheme, or violence, or which urges any unlawful conduct, or encourages or tends to encourage a breach of the public peace or good order of the community; or which is offensive to public morals or decency; or which contains blasphemous, obscene, libelous or scurrilous language.

(Ord. No. 175.481, 6/30/58.)

* For state law as to obscene advertising displays, see B. & P. C., Sec. 5402. As to profanity, etc., generally, see Sec. 21.31 of this Code.

The provisions of this chapter shall not be deemed to apply to the distribution of mail by the United States, nor to newspapers as defined in this chapter.

(Ord. No. 175.481, 6/30/58.)